Local Governments (Property) Rules, 2003 344

GOVERNMENT OF THE PUNJAB

LOCAL GOVERNMENT & RURAL
DEVELOPMENT DEPARTMENT

Dated Lahore, the 21
st
October, 2002.

NOTIFICATION

No.SOV(LG)5-54/03.In exercise of the powers conferred upon him under
Section 191(1) of the Punjab Local Government Ordinance, 2001 (XIII of 2001),
the Governor of the Punjab is pleased to make the following Rules:-

CHAPTER-I
PRELIMINARY

1. Short title and commencement.- (1) These Rules may be called the
Punjab Local Government (Property) Rules, 2003.

(2) They shall come into force at once.

2. Definitions.- (1) In these rules unless the subject or context otherwise
requires -

(i) Committee means the Committee constituted under rule 8
for the purposes of identification and auction of Redundant/
Encroached Property;

(ii) Manager means a person prescribed in the Rules of Business
of the Tehsil/Town Municipal Administration and District
Government responsible for the administration, control,
management and maintenance of the Property:
Provided that in case of Union Administration, Union
Nazim shall be the Manager of the Property;

(iii) Ordinance means the Punjab Local Government Ordinance,
2001 (XIII of 2001).

(iv) Property means the Property as specified in Chapter-XIII of
the Ordinance; and

(v) Redundant/Encroached Property means the Property
declared by the Government as Redundant/Encroached.

(2) Words and expressions used herein, but not defined in these Rules
shall have the same meanings as are assigned to them in the Ordinance.



Local Governments (Property) Rules, 2003 345
CHAPTER-II
MANAGEMENT AND MAINTENANCE OF PROPERTY

3. Management of Property.- The Local Government concerned, with
approval of its Council, shall take such steps as may be necessary to ensure that
the Property vested in the District Government, Tehsil/Town and Union
Administration respectively is managed and maintained in the best interest of the
public for the purposes of the Ordinance.

4. Responsibilities of the Manager.- The Manager shall -

(a) take as much care of the Property entrusted to him as a man of
ordinary prudence would, under similar circumstances, take of
his own property of like nature;

(b) administer the property as a trust used to the maximum benefit
of the public;

(c) take steps to ensure that Property meant for use of public is
actually

(d) ensure that the rented Property fetches the maximum rent;

(e) prevent the impairment of the value and utility of the rented
Property;

(f) prevent the use of Property for any purpose and in any manner
other than specified;

(g) take necessary steps for repair of all buildings under his
management and control;

(h) keep all title deeds and other documents, relating to the
Property with duplicate copies of such title deeds and other
documents, in safe custody;

(i) have the boundaries of lands of the Local Government
demarcated;

(j) ensure the maintenance of prescribed registers;

(k) be vigilant about and to check encroachments or wrongful
occupations on Property and in case there is any encroachment
or wrongful occupation take necessary steps for the removal
thereof; and

(1) prevent the Property against nuisance, damage or misuse;

(2) The Manager shall be responsible to the Local Government for any
loss, destruction or deterioration of the Property, if such a loss, destruction or
346 Local Governments (Property) Rules, 2003

deterioration occurs as a result of his default or negligence in discharge of his
responsibility.

(3) Notwithstanding any thing contained in sub rule (1), the overall
responsibility for the proper management and maintenance of the property shall
remain with the concerned Local Government.

5. Maintenance of Property.- (1) In case any difficulty arises in the
maintenance of Property, the Manager shall immediately report the matter to the
concerned Council. The Authority concerned of the Council shall within a week
of the receipt of such intimation call the meeting of the Council and place the
matter before it for further decision.

(2) The following registers shall be maintained in prescribed form by the
concerned officer of the Local Government.

(1) Register of Immovable Property. P-I
(2) Register of Nazul Property. P-II
(3) Rent Demand and Collection Register. P-III
(4) Arrears Demand and Collection Register. P-IV
(5) Register of Public Roads and Streets. P-V
(6) Register of Encroachments. P-VI
(7) Register of unauthorized occupants of land P-VII
or building(s)
(8) Building maintenance register. P-VIII
(9) Roads and streets maintenance register. P-IX
(10) Agricultural lands register. P-X
(11) Register of road side trees. P-XI
(12) Register of trees and land of local council. P-XII
(13) Register of fruit bearing trees. P-XIII
(14) Register of movable Property. P-XIV
(15) Register of furniture. P-XV
(16) Register of vehicles. P-XVI
(17) Sale of goods register. P-XVIl
(18) District Register. P-XVIII
(19) Register of light points and lamp posts. P-XIX
(20) Register of water stand posts. P-XX
(21) P-XXI
(22) Library register containing the detail of books. P-XXII
(23) Library books issue register. P-XXIII
(24) Newspapers register. P-XXIV
(25) Postage stamp register. P-XXV
(26) Purchase of goods register. P-XXVI
(27) Register of all kinds machinery. P-XXVII
(28) Register of animals. P-XXVIII
Local Governments (Property) Rules, 2003 347
(29) Register of parks and play grounds. P-XXIX
(30) Register of Community Centers and other public places. P-XXX
(31) Any other register prescribed by the Government or specified by the
concerned Local Government.

6. Map of the Local Area.- (1) The Local Government may maintain a map
or maps of its local area showing, among other things, the immovable Property
vested in it.

(2) A copy of each map or maps may be kept at the office of the Local
Government for inspection by the Public during office hours.

7. Verification and Stock Taking of Property.- (1) The Manager, in the
month of July each year shall -

(a) take stock of the movable Property under his charge;

(b) verify the immovable Property under his charge;

(c) submit a report to the concerned Council showing the result of
such stock taking and verification including:
(i) particulars of unserviceable articles;

(ii) losses and wastage if any;

(iii) cases of defalcation of accounts or misappropriation of
Property, if any; and

(iv) proposal for development and improvement, if any.

(2) Every Zila Nazim, Tehsil Nazim/Town Nazim and Union Nazim
shall, on assumption of his office and thereafter, once in every year on a date
fixed by him, take the physical stock of movable and immovable Property of the
concerned Local Government and submit a report to the concerned Council, in
accordance with Section 123 of the Ordinance.

CHAPTER-III
ENCROACHMENTS AND REDUNDANT PROPERTY

8. Committee for Identification of Redundant/Encroached Property.- (1)
The following Committee shall be constituted to identify, prepare and send report
to the Government and dispose of the Redundant/Encroached Property.

Sr. No. Designation Status
1. Zila Nazim. Chairman
2. Executive District Officer (Revenue). Secretary
3. Executive District Officer (F&P). Member
4. Deputy District Officer (Revenue) concerned. Member
5. Tehsil/Town Nazim concerned. Member
348 Local Governments (Property) Rules, 2003

6. Tehsil Municipal Officer concerned. Member

(2) The Committee shall send its report to the Government in the form
of Schedule-l, requesting the Government to declare the Property as Redundant
or Encroached, as the case may be, and grant of permission for its disposal.

(3) The Government may declare the Property as Redundant/
Encroached, as the case may be, and accord permission for its disposal:

Provided that the Government shall give due regard to the master
plan of the concerned city or town, as the case may be, while declaring Property
as Redundant/ Encroached

9. Procedure for auction of Redundant/Encroached Property.- (1) The
Property shall be auctioned only after its having been declared Redundant/
Encroached Property and grant of permission for its disposal.

(2) The following procedure shall be adopted for its auction:-
(a) the auction shall be made only through open auction;

(b) for the conduct of an auction, besides local means, a public
notice in not less than two national daily newspapers and at
least seven days before the date fixed for auction shall be given
by the Local Government, through the office of Director
General, Public Relations, Punjab;

(c) the notice shall contain the date, time and place of auction and
specify the terms and conditions for participation in the
auction;

(d) the public notice shall reflect the Khasra numbers of the
Property to avoid any complication;

(e) the plots or portions carved out for the purpose of auction shall
be of appropriate size and shall be demarcated at site before
auction in such a way that the bidders are aware of the actual
position of the plots or portions;

(f) the auction shall be held as far as possible at the place of the
situation of the Redundant/Encroached Property or at the place
nearest to it;

(g) the auction price shall not be less than the price assessed by the
District Price Assessment Committee, constituted under
relevant rules/procedure prescribed by Board of Revenue,
Punjab;

(h) before the start of auction, all bidders shall deposit two percent
as earnest money of the official reserve price;

Local Governments (Property) Rules, 2003 349
(i) the earnest money deposited shall be refunded forthwith to the
person depositing it, if the Government does not accept the
bid. Where the bid is accepted the deposit shall be adjusted
against the bid price of the Property. In case of successful bid,
the bidder shall deposit the balance bid price within a period of
fourteen days starting from date of confirmation of bid
otherwise the earnest money shall stand forfeited and a fresh
auction shall take place;

(j) the plots shall be advertised for auction only after clearance of
all encumbrances; and

(k) the auction shall be subject to the concurrence of the Council
and final approval of the Government.

(3) No immovable Property of a Local Government, other than declared
Encroached/Redundant as herein before provided, shall be sold.

10. Right of Legal Occupants.- The legal occupant shall be allowed the right
of first refusal of the highest bid.

11. Approval of Auction.- The recommendations of Committee shall be
placed before the concerned Council and in case of its concurrence, the same
shall be forwarded along with resolution of the Council to the Government for its
final approval:

Provided that the Government may approve the bid, cancel it or order fresh
auction.

12. Utilization of proceeds of auction.- (1) Funds accruing from such auction
shall be kept in a separate account in accordance with the provisions of the
Ordinance relevant rules and instructions of Government.

(2) The amount received from such auction/sale shall be utilized
exclusively for development projects by the concerned Local Government and no
part thereof shall be apportioned for non-development expenditures like salary,
or purchase of vehicles or office equipments, etc.

CHAPTER-IV
DISPOSAL OF MOVABLE PROPERTY

13. Unserviceable articles.- (1) The District Nazim, Tehsil/Town Nazim and
Union Nazim, as the case may be, may declare any movable Property, including
stationery, furniture and fixture and the utensils, vesting in the concerned
Council, as unserviceable:

Provided, that the vehicles, machinery, electric utensils can only be
declared as unserviceable upon the recommendation of a duly approved
Government engineer or engineering concern.
350 Local Governments (Property) Rules, 2003

(2) Any movable Property which has been declared as unserviceable
shall be disposed of by the concerned Local Government through open auction in
the manner and to the extent as prescribed in Schedule-II.

(3) A list of the Property sold or disposed of under sub-rule (2) shall be
placed before the Local Government concerned, from time to time for
information.

14. Writing off the unserviceable articles and losses.- All the articles
declared unserviceable under sub -rule (1) of rule 13 and the loss of Property
reported by the Nazim concerned shall be written off by the authority as
mentioned in Schedule-II

15. Acquisition of Property.- (1) Whenever any land or other immovable
Property is required by a Local Government for any purpose mentioned in the
Ordinance, the concerned District Nazim, Tehsil/Town Nazim and Union Nazim,
as the case may be, may take such steps as may be necessary to acquire the same
by an agreement with the owner on behalf of the council after inviting quotations
through the Press and subject to other conditions as provided in the Punjab Local
Government (Contract) Rules, 2003.

(2) If any land or other immovable Property cannot be acquired by an
agreement under sub-rule (1) the Local Government may move for the
acquisition of such property under the relevant law.

CHAPTER-V
MISCELLANEOUS

16. Lease of immovable property.- (1) The immovable Property may be
leased out in a manner prescribed as under -

(a) the immovable Property shall be given on lease through competitive
bidding. The procedure prescribed in sub rule (2) of rule 9, shall be followed,
mutatus mutandis, in case of lease of the Property:
Provided that for the lease of Nazul lands vesting in the Local
Government, policy of the Government for leasing of these lands shall be
followed;

(b) the period of such lease shall be up to five years at a time; and

(c) the legal occupant shall be allowed the right of first refusal of the
highest bid.

17. Repeal.- The Punjab Local Councils (Property) Rules, 1981 are hereby
repealed.
---------------


Local Governments (Property) Rules, 2003 346

SCHEDULE I
(See Rule 8)

LIST OF REDUNDANT / ENCROACHED PROPERTIES TO BE SOLD OUT BY THE LOCAL GOVERNMENT

Sr. No Description of
the property
Location of
the property
Total area of
the Property
(K-M-Ft.)
Name &
Address of the
occupant
Nature of use-
commercial/
Residential
Litigation if
any, with
present
position
Whether the
ownership is
disputed, if
so, give
details















Local Governments (Property) Rules, 2003 347
SCHEDULE II
(See rule 14)

POWERS OF LOCAL GOVERNMENT FOR THE DISPOSAL / WRITING OFF
PROPERTIES DECLARED AS UNSERVICEABLE

Value of the unserviceable articles / losses which can be allowed to be auctioned
S. # Category of Local Government
On his own authority With the approval of the Council
1. Zila Nazim (City District Govt.) Rs. 20,000/- Unlimited
2. Zila Nazim (Distt: District Govt.) Rs. 15,000/- Unlimited
3. Tehsil/Town Nazim (TMA) Rs. 10,000/- Unlimited
4. Union Nazim
(Union Administration)
Rs. 5,000/- Unlimited











348 Local Governments (Property) Rules, 2003

FORM P-I
Register of Immovable Property

Sr.
No.
Description and
situation of
property
Date & Mode
of acquisition
Price paid Additions
made
Purpose for
which used
Present
valuation
Initials of
Manager or
Nazim






FORM P-II
Register of Nazul Property

Sr.
No.
Description and
situation of
property
Area Government order
transferring the property to
the Local Council
Purpose for
which
transferred
Purpose
for which
utilized
Present
valuation
Initials of
Manager or
Nazim





Local Governments (Property) Rules, 2003 349
FORM P-III
Rent Demand and Collection Register

Total demand
Dated _____________
S. #
Description and
situation of
property
Name and
address of the
lessee
Name and Date
of the agreement
with lease the
lessee
Period of
lease
Amount Recipt Balance
Amount
received




FORM P-IV
Arrears Demand and Collection Register

S. # Description
and
situation of
property
Name and
address of the
person
against
whom the
arrear is
declared
Amount
declared
as arrear
Other
charges
Total demand to recover as
arrears
Action
taken
Amount recovered
Date Amnt Rec. Bal. Date Amnt Rec. Bal.



350 Local Governments (Property) Rules, 2003

FORM P-V
Register for Public Roads and Streets

Expendiutre on
maintenance
S.
#
Name of
the Street
Description
and
situation of
the street
Date
and
declara
tion as
public
street
Length
of the
street
Widt
h of
the
street
No. of
trees
No. of
light
points
Filth
deposits
Water
stand
posts
Nature
of
work
exe-
uted
Date Amount



FORM P-VI
Register for Encroachments

S. # Description
and situation of
the
encroachments
Name and address of
the person making the
encroachment
Area
encroached
upon
Action
taken
If the encroachment is
regularized No. and date
fo the licence and fee
levied
If the encroachment
is not regularized
action taken for its
removable




Local Governments (Property) Rules, 2003 351
FORM P-VII
Reoitter of Unauthorized Occupanyts of Land or Buildinhgs

S. # Description and situation of
the property under
unauthorized occupation
Nature of
authorized
occupation
Name and address of the person
in unauthorized occupation
Action taken to regularize or
vacate the unauthorized occuption






FORM P-VIII
Buildings Maintenance Register

S. # Description and
situation of the
building
Staff employed for
maintenance with their
cost
Nature of the
repair works
executed
Amount Date General condition of
the building





352 Local Governments (Property) Rules, 2003

FORM P-IX
Roads and Streets Maintenance Register

S. # Particulars of the road
of public street
Length
of the
road
Staff employed for
maintenance with
their cost
Nature of the
repair works
executed
Amount Date General condition
of the road







FORM P-X
Agricultural Land Register

S. # Description and situration of
the agricultural land
Area and other
particulars
If leased the name and
address of the lessee
Nature of
Cultivation
Expendi-
ture
Income Remakrs





Local Governments (Property) Rules, 2003 353
FORM P-XI
Register of Roadside Trees

S. # Name of the road
and street
No. of
the trees
Situation of
the tree
Nature of the
tree
Girth of th
tree
Age of the
tree
Remakrs






FORM P-XII
Register of Trees Land of Local Council

S. # Description of the
land and building
No. of
the trees
Situation of
the tree
Nature of the
tree
Girth of th
tree
Age of
the tree
Other
particulars
Remarks







354 Local Governments (Property) Rules, 2003

FORM P-XIII
Register Fruit Bearing Trees

S. # Location of the tree Number Girth Age Nature of
the fruit
Fruit bearing
capacity of the tree
Fruit how
disposed
Income
realized
Remarks







FORM P-XIV
Register of Movable Property

S. # Description of
Property
Number Date of
purchase
Price Manner
of use
Disposal Date of
disposal
Priced fetched
if sold
Remakrs






Local Governments (Property) Rules, 2003 355
FORM P-XV
Register of Furniture

S. # Name of the
Department
Branch Section Type of
furniture
Date of
purchase
Price No. of
pieces
Official responsible
for custody
Remakrs





FORM P-XVI
Register of Vehicles

Repairs Movemnets
S. #
Description
of vehicles
Date of
purchase
Price
Use to which
it is put
Official
responsibility
for custody
Date Changes Date Distance Covered







356 Local Governments (Property) Rules, 2003

FORM P-XVII
Sale of Goods Register

S. # Goods sold Date To whom sold Sale price Receipt No. Original cost price Remakrs






FORM P-XVIII
Distraint Register

S. # Description of
the property
attched or
detrained
Particlars of the demand
against which the property
has been attached or
detrained
Amount
of the
demand
Name and address of
the owner of the
property, the property
attached or detrained
Manner of
disposal of
property
Amount
fetched
Refund to the
owner






Local Governments (Property) Rules, 2003 357
FORM P-XIX
Register of Light Points and Lamp Post

House of Light
S. #
Description of the
light point or lamp
Location Power
Date Hours
Cost of
maintenance
Repair and
replacement
Expendiutre Remakrs





FORM P-XX
Register of Water Stand Points

S. # Description of the
water stand point or
water connection
Location Capacity Consumption
of water
Cost Repairs and
replacement
Expenditure Remarks







358 Local Governments (Property) Rules, 2003

FORM P-XXI
Stock Register for Expenditure Stores

Stock ISSUE BALANCE
Date Stock Price Voucher
No.
Dated To
whom
issued
Purpose for which issued ,
initla of the officials
receiving the stock
Date Balance Initials of the
officials issuing
stock





FORM P-XXII
Library Register

S. # Name of the book Name of the
author
Date of
purchase
From whom
purchased
Price Voucher No. Remarks






Local Governments (Property) Rules, 2003 359
FORM P-XXIII
Library Books Issue Register

S. # Name of the Book and
Author
Whom issued Library Order No. of
the person to whom
issued
Date of
issue
Date of
return
If lost, the
amount
recovered
Remarks






FORM P-XXIV
Library Books Issue Register

S. # Name of the
Newspaper
No. of
copies
From whom
purchased
Cost Voucher
No. & Date
Purpose for
which used
Is sold price
fetched
Date and
Receipt No.






360 Local Governments (Property) Rules, 2003

FORM P-XXV
Postage Stamp Register

Balance
S. #
Stock
Date
Denomination
of stamps
No. Use value Date
Manner
of use
Initials of
the official
Date Bal.
Remarks






FORM P-XXVI
Purchase of Goods Register

Sr. # Data Quantity
purchased
From whom purchasd Price
aid
Voucher No. Distribution of goods Remarks







Local Governments (Property) Rules, 2003 361
FORM P-XXVII
Register of Machinery

S. # Description of machinery Date of
purchase
Price Use to which
it is put
Official responsible Remarks
Date Charges





FORM P-XXVIII
Register of Animals

Cost of Mainatenance Disposal
S. #
Description of the
animal
Date of
purchase
Price Age
Date Amount Date Amount
Remakrs







362 Local Governments (Property) Rules, 2003

FORM P-XXIX
Register of Losses

Sr. # Particulars of the loss Amount of the loss Person responsible
for the loss
Action taken to
recover the loss
Amount recovered
with Receipt No.













,GOVERNMENT OF THE PUNJAB
LOCAL GOVERNMEN"'" & RURAL DEVELOPMENT
DEPAR"rMENT
Dated lahore, the 26"
1
August, 2005.
NOTIFICATION
)5-54/2003. In exercise of the powers conferred upon him under
'(1) of section 191 of the Punjab Local Government Ordinance,
or 2001), the Governor of the Punjab is pleased to direct that in the
I Government (Properly) Rules, 2003, the following amendments'
e, namely-
AMENDMENTS
,In rule 15, in sub-rule (1), the words "after inviting Quotations
the Press and" occurring after the word "council" and
.l before the word "subject" shall be omitted.
.. .
In rule 16, in sub-rule (1)-
in clause (a), at the .end, the word "and" shall be inserted;
Clause (b) shall be omitted; and
the existlnq clause (c) shall be re-Ietteredas (b).
NAGUIB ULLAH MALIK
SECRETARYLG&RD DEPARTMENT
is forwarded for information and necessary action to:
j etarv, Prime Minister's Secretariat, National Reconstruction
.... dU, Islamabad.
.:The Principal Secretary to Governor Punjab.
Principal Secretary to Chief" Minister, Punjab.
Chief Secretary/Additional Chief Secretarv, Punjab.
Administrative Secretaries in the Punjab.
District Coordination Officers in the Punjab.
TehsiljTown Municipal Officers in the Punjab..
Director General (Inspection), LG&RD Department.
Director General, Rural Development Department.
Provincial Director, Local Fund Audit, Lahore.
. Secretary, Punjab Local Government Board, Lahore.
"';J'he Director, Punjab Local Government Academy, tala Mousa.
u erintendent Government Printin Press Pun"ab Lahore for
i ali n ill the next extra ordinatv gazette and supply 200 copies
tor offi "a use. .